Terms and conditions

1 SCOPE

1.1
These terms and conditions shall apply to agreements on the transfer for rental of hotel rooms for accommodation as well as to all additional services and deliveries provided for customers in this connection by the hotel (hotel acceptance agreement). The term „hotel acceptance agreement“ includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room agreement.

1.2
Subletting or reletting the rooms transferred and their use for other than accommodation purposes shall require the prior agreement of the hotel in text form, in which case § 540 Paragraph 1 Clause 2 Civil Code is waived if the customer is not a consumer.

1.3
The customers terms and conditions shall only apply if this was expressly agreed beforehand.

2 CONCLUSION OF THE CONTRACT, PARTNERS, STATUTORY LIMITATION

2.1
The contracting parties are the hotel and the customer. The agreement shall take effect through the hotel's acceptance of the customer's application. The hotel shall be free to confirm the booking of a room in text form.

2.2
All claims against the hotel shall be statute-barred within a year from the statutory start of the statutory limitation. Compensation claims shall be statute-barred in five years in the case of the necessary awareness of the cause for a claim, provided that they do not relate to injury to life, body or health or infringement of freedom. These compensation claims shall be statute-barred in ten years without the necessary awareness of a cause for a claim. Restrictions on statutory limitations shall not apply to claims that relate to a deliberate or grossly negligent breach of obligation by the hotel.

3 SERVICES, PRICES, PAYMENT, OFFSETTING

3.1
The hotel is obliged to keep the room booked by the customer ready and to provide the agreed services.

3.2
The customer is obliged to pay the applicable hotel price charged for the transfer of the room as well as for any additional services agreed. This shall also apply to services directly authorised by the customer or by the hotel, provided by third parties and paid for in advance by the hotel.

3.3
The prices agreed shall be considered as including the taxes and local duties applicable at the time of the conclusion of the contract. Not included are local duties that are due from the guest under the relevant local government law, such as tourist tax.
In the event of a change in the statutory turnover tax or new introduction, change or abolition of local duties to the object of performance after the conclusion of the contract, the prices shall be adjusted accordingly. Where agreements with consumers are concerned, this shall only apply if the period between the conclusion of the contract and the performance of the contract exceeds four months.

3.4
The hotel can make its agreement to a reduction in the number of rooms originally booked by the customer, the services of the hotel or the duration of stay of the customer dependent on the price of the room and/or the other services of the hotel being increased.

3.5
The hotel's bills shall be payable without a due date within ten days from receipt of the bill without a deduction. The hotel can at any time require that the customer immediately pay due claims. In the even of a payment delay the hotel shall be entitled to demand the currently applicable statutory late payment interest of 8% or for legal transactions involving a consumer, of 5% above the base lending rate. The hotel reserves the right to prove a higher loss.

3.6
On conclusion of the contract, the hotel can demand from the customer an appropriate prepayment or deposit, for example in the form of a credit card guarantee. The amount of the prepayment and the payment deadline can be agreed in text form in the contract. With prepayment or deposits for travel packages, the statutory provisions are unaffected.

3.7
In well-founded cases, e.g. payment arrears by the customer or extension of the scope of the contract, the hotel can, after the conclusion of the contract up to the start of the customer's stay, demand a prepayment or deposit under the above clause 3.6 or an increase of the prepayment or deposit agreed in the contract until full payment.

3.8
The hotel can also, at the beginning and during the customer's stay, demand an appropriate prepayment or deposit under the above Clause 3.6 for existing and future claims under the contract, provided such was not already made in accordance with the above Clause 3.6 and/or 3.7.

3.9
The customer can only offset a claim by the hotel with an undisputed or final and absolute claim.

4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION)/
NON-USE OF THE HOTEL'S SERVICES (NO SHOW)

4.1
Withdrawal of the customer from the contract concluded with the hotel shall only be possible if a right of withdrawal was expressly agreed in the contract, there is another right of withdrawal or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any agreement to cancel the contract shall be made in text form.

4.2
If between the hotel and the customer a deadline was agreed for free withdrawal from the contract, the customer can withdraw from the contract until then without triggering a payment or compensation claim from the hotel. The customer's right of withdrawal shall lapse if he does not exercise his right of withdrawal against the hotel by the agreed deadline.

4.3
If a right of withdrawal is not agreed or has already lapsed, there is also no statutory right of withdrawal or right of cancellation and the hotel does not agree to cancellation of the contract, the hotel reserves the right to claim the agreed payment despite the non-use of the service. The hotel shall deduct the income from other room rentals and the costs saved. If the rooms are not rented out otherwise, the hotel can compound the deduction for costs saved. The customer shall in this case be obliged to pay at least 90% of the contractually agreed price for an overnight stay with or without breakfast as well as for standard arrangements with outside services, 70 % for half-board accommodation and 60 % for full accommodation arrangements. The customer is free to prove that the aforementioned claim was not made or not at the required amount.

4.4

In the case of an agreed right of withdrawal (see cancellation conditions in the confirmation), the stated deadline is valid until 3 p.m.. After that, 4.3 comes into force.


5 WITHDRAWAL OF THE HOTEL

5.1
If it was agreed that the customer could withdraw from the contract free of charge within a particular period, the hotel is for its part entitled to withdraw from the contract within this period if other queries are made by other customers for the contractually agreed rooms and the customer does not waive his right to withdraw within an appropriate period after inquiry by the hotel.

5.2
If a prepayment or deposit agreed or demanded in accordance with Clause 3.6 and/or 3.7 is not made even after the expiration of an appropriate extension set by the hotel, the hotel can likewise withdraw from the contract.

5.3
The hotel can also extraordinarily withdraw from the contract for specific, justified reasons, particularly if

  • Unforeseen reasons or other circumstances for which the hotel is not responsible make performance of the contract impossible;
  • Rooms or spaces were culpably booked by providing misleading or false information or concealing essential facts;  "essential" may refer to the identity of the customer, ability to pay or purpose of the stay;
  • The hotel has well-founded cause to assume that the use of the service could endanger the seamless operation of the business, safety or reputation of the hotel in the eyes of the public without this being attributable to the hotel's scope of organisation or control;
  • The purpose or cause of the stay is illegal;
  • There is a breach of the aforementioned Clause 1.2.

5.4
The justified withdrawal of the hotel shall not be the cause of any claim for compensation by the customer.

6 PREPARATION, TRANSFER AND RETURN OF THE ROOM

6.1
The customer shall not acquire any claim to provision of a particular room unless expressly agreed.

6.2
Booked rooms shall be available to the customer from 3 p.m. on the agreed check-in day. The customer shall have no claim to earlier provision.

6.3
On the agreed check-out day the rooms shall be vacated by 11 a.m. at the latest. After this the hotel can bill the customer 50% of the full lodging price (list price) for late vacating of the premises and exceeding the contractually agreed use by 6 p.m. and 90% from 6 p.m. Contractual claims by the customer shall hereby not be well-founded. He shall be free to prove that the hotel has no or an essentially lower claim to compensation for use.

7 LIABILITY OF THE HOTEL

7.1
The hotel shall be liable for damage caused by it resulting in injury to life, body or health. It shall also be liable for other damage that relates to a deliberate or grossly negligent breach of obligation by the hotel or to a deliberate or negligent breach of the hotel's standard contractual obligations. A breach of obligation by the hotel shall be equivalent to that of a legal representative or vicarious agent. Further compensation claims shall be excluded unless otherwise regulated in this Clause 7. Should disturbances or defects occur in the hotel's services, the hotel shall, on learning of them or on the customer's immediate objections, do its utmost to seek a remedy. The customer is obliged to contribute as much as is reasonable to repairing the disturbance and minimising any damage.

7.2
The hotel shall be liable in accordance with the statutory provisions for any damage caused to the customer. The hotel recommends use of the hotel or room safe. If the guest wishes to bring money, securities and valuables with a value of more than 800 Euros or other items with a value of more than 3,500 Euros, this shall require a separate safekeeping agreement with the hotel.

7.3
If a storage location is provided to the customer in the hotel garage or in the hotel car park, including for a fee, there shall not thereby be any deposit contract. If there is any loss or damage to a vehicle or its contents stored or manoeuvred on the hotel property, the hotel shall be liable only in accordance with the aforementioned Clause 7.1, sections 1 to 4.

7.4
Messages, post and consignment of goods for guests shall be handled with care. The hotel shall be responsible for delivery, storage and for a fee - on request - forwarding of the same. The hotel shall be liable in this connection only in accordance with the aforementioned Clause 7.1, sections 1 to 4.

8 CONCLUDING PROVISIONS

8.1
Amendments and supplements to the contract, the acceptance proposal or these terms and conditions shall be in text form. Unilateral amendments or supplements by the customer shall be ineffective.

8.2
The place of performance and payment and exclusive place of jurisdiction - including for cheque and currency exchange disputes - shall be Wiesbaden in commercial dealings. If a contracting party fulfils the preconditions of § 38 Paragraph 2 Code of Civil Procedure and has no general place or jurisdiction in Germany, Wiesbaden shall be the place of jurisdiction.

8.3
German law shall apply. The application of the UN Purchasing Convention and Law of Conflict of Laws shall be excluded.

8.4
Should individual provisions of these terms and conditions be or become ineffective or null and void, the effectiveness of the other provisions shall not be affected. In other respects the statutory provisions shall apply.

Scope  

1.1 
These terms and conditions govern all contracts which are concluded between the hotel and a tour operator related to hotel services for single travellers and/or travel groups (Hotel Accommodation Contract). These shall not apply for the booking of rooms or groups of rooms for events such as conferences, seminars, etc.

1.2
The term “Hotel Accommodation Contract” comprises and replaces the following terms: reservation contract, group room contract, accommodation, lodging, hotel and hotel room contract.

1.3
Hotel services are all services such as hotel room, meal arrangements and other offers agreed upon between the tour operator and the hotel and to be performed by the hotel.

1.4
The customers of the tour operator for whom hotel services are booked are designated in the following as “single traveller” or “travel group” (jointly also referred to as “guests”).            
A travel group is comprised of at least 15 persons who are organized uniformly for one joint trip purpose and who as a rule arrive and leave on the same day.

1.5
The general terms and conditions of the tour operator shall apply only if these are previously expressly agreed.

Conclusion of Contract and Statute of Limitations

2.1
The contract comes into force upon the hotel’s acceptance of the tour operator’s offer. At its discretion, the hotel may confirm the reservation in written form.

2.2
Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period. Damage claims shall be time-barred after five years, dependent on the knowledge thereof, insofar as they are not based on claims arising out of harm inflicted on life, limb, physical health or liberty. These damage claims shall be time-barred after ten years, independent of knowledge thereof. The reduction of the statute of limitation periods shall not apply for claims which are based on an intentional or grossly negligent breach of obligation by the hotel.

Rights and Obligations of the Tour Operator

3.1
The tour operator is obligated to notify the hotel of his number of reservations as early as possible or upon demand. The hotel is to be informed hereof, however, at the latest 30 days before the arrival date. At the same time, all necessary information is to be given to the hotel regarding the hotel services pursuant to No. 1.3 hereof.

3.2
The tour operator is obligated to pay the agreed prices or, if no prices are agreed, the listed prices or, respectively, the normal prices of the hotel for the hotel services according to No. 1.3 and the additional services it has received. This also applies to services ordered by the tour operator directly or via the hotel, which a third party provides and the hotel disburses.

3.3
The guests only have a claim to the hotel services pursuant to No. 1.3. The tour operator is obligated to inform his guests of this fact and to obligate them to provide reasonable security upon the request of the hotel, e.g. by deposit of credit card guarantees, for any use of services in addition hereto. This shall apply also to guests who have vouchers/coupons. Should no security be given by the guest in spite of respective request of the hotel and should the guest fail to pay, then the services made use of shall be paid for by the tour operator.

3.4 
The tour operator must inform his guests regarding all circumstances and conditions relevant for the stay, in particular, regarding the regulation related to liability of the hotel pursuant to No. 8 hereof.

3.5
The tour operator shall name a contact person to the hotel, upon the hotel’s request, who shall represent this travel group for all questions related to the care of the tour operator’s travel group.

Rights and Obligations of the Hotel

4.1
The hotel is entitled to require a reasonable advance payment or a security, such as a credit card guarantee, from the tour operator upon conclusion of the contract. The amount of the advance payment and payment dates may be agreed in written form in the contract. The hotel shall confirm the receipt of an advance payment or a security.

4.2
In justified cases, e.g. default of payment by the tour operator or expansion of the scope of the contract, the hotel shall be entitled, also after conclusion of the contract up to the commencement of the stay, to demand an advance payment or a security within the meaning of No. 4.1 hereof or an increase of the advance payment or a security agreed upon in the contract up to the total agreed remuneration.

4.3
The hotel is not entitled to undertake unilateral changes to the agreed hotel services. Changes shall only be legally valid with the consent of the tour operator.

4.4
The tour operator acquires no claim to the provision of certain rooms insofar as not expressly agreed.

4.5
Reserved rooms shall be available to the tour operator as of 03:00 p.m. on the agreed arrival date. The tour operator does not have the right to earlier occupancy.

4.6
The rooms of the hotel shall be vacated on the agreed departure date by 11:00 p.m. at the latest. Thereafter, due to the delayed vacating of the room for use exceeding the contractual time, the hotel can charge 50 % of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 90%). No contractual claims of the tour operator shall be established hereby. The tour operator is at liberty to prove that the hotel has no or a much lower claim for charges for use of the room.

Prices, Payment, Set-Off

5.1
The agreed prices include all taxes and local taxes in effect at the time of the conclusion of contract, insofar as prices were not expressly agreed upon without value added tax. This does not include locally levied taxes, which are owed by the guest according to the particular municipal law, such as visitor’s tax.  
If the statutory value added tax is changed or if local taxes concerning the rooms and services are newly introduced, changed or abolished after these have been contractually agreed upon, the prices will be adjusted.

5.2
The agreed prices are only valid in connection with further services, which are offered to the end customer bundled as a service package. They may not be offered to the end customer or third parties as unit prices for single overnight stays (non-packages) through distribution channels (in particular online). The tour operator is obligated to make all of its partners and agents compliant with this clause.

5.3 
Hotel invoices not stating a due date are payable without deduction and due within ten days of receipt of the invoice. The hotel can demand immediate payment of due debt from the tour operator at any time. With default of payment, the hotel shall be entitled to demand the respectively applicable statutory default interest. The hotel reserves the right to prove greater damage.

5.4
The tour operator may only set-off or clear a claim of the hotel against a claim which is undisputed or decided with final, res judicata effect.

5.5
Agreements regarding any payment of a commission must be made either in the Hotel Accommodation Contract or in an agreement to be concluded simultaneously. In the case that more than one tour operator is responsible for the same reservation, the hotel shall only have to pay the commission once.

Withdrawal by Tour Operator (Cancellation, Annulment) / Failure to Use Hotel Services (No Show)

6.1
For Single Travellers:

6.1.1
The tour operator can only withdraw from the contract concluded with the hotel if a right of withdrawal was explicitly agreed upon in the contract, another statutory right of withdrawal exists or if the hotel gives its explicit consent to the withdrawal. The contractual agreement of a right of withdrawal as well as the consent to withdrawal from the contract shall be in written from.

6.1.2
Insofar the hotel and the tour operator have agreed upon a date for a cost-free withdrawal from the contract, the tour operator may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The tour operator’s right of withdrawal shall expire, if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.

6.1.3
The hotel is entitled to the contractually agreed rate even if the rooms are not used, if a contractual right of withdrawal was not agreed or has expired, a statutory right of withdrawal or cancellation is not given and the hotel does not give its consent to the cancellation of the contract. The hotel must credit the income from renting the rooms to other parties as well as for saved expenses. If the rooms are not rented otherwise, the hotel can demand the contractually agreed rate and assess a lump sum for the saved expenses of the hotel. In this case, the tour operator is obligated to pay at least 90 % of the contractually agreed rate for lodging with or without breakfast as well as for all-inclusive arrangements with contracted services, 70 % for room and half-board, and 60 % for room and full-board arrangements. The tour operator is at liberty to show that the aforementioned claim was not created or not created in the amount demanded.

6.2
For Travel Groups:

6.2.1
Insofar a further right of withdrawal from the contract was not explicitly agreed upon in the contract or no other statutory right of withdrawal from the contract exists or the hotel does not give its explicit consent to the annulment of the contract, a withdrawal is only possible according to the following terms and conditions. The agreement of another right of withdrawal from the contract as well as the consent to an annulment of the contract shall be in written form.

6.2.2
The tour operator is entitled to withdraw from the contract for travel groups concluded with the hotel pursuant to No. 1.4:

- up to 90 days before arrival, 100% of the agreed total volume,

- up to 60 days before arrival, 50% of the agreed total volume (taking into consideration the afore returned capacities, but only up to 50% of the originally agreed total capacity),

- up to 30 days before arrival, 25% of the agreed total volume (taking into consideration the afore returned capacities, but only up to 50% of the originally agreed total capacity).

6.2.3
In order to calculate the deadline the day of arrival is not counted.

6.2.4
The tour operator’s right of withdrawal expires, if he does not exercise it up to the agreed date.

6.2.5
If a right of withdrawal was not agreed, has already expired or if the withdrawal occurs at a later date or in a scope which is greater than permitted according to the contract, if no other right of withdrawal or annulment exists or if the hotel does not give its consent to the annulment of the contract, the hotel remains entitled to the contractually agreed rate, even if the rooms are not used. The Hotel must credit the income from renting the rooms to other parties as well as saved expenses. If the rooms are not rented otherwise, the hotel can demand the contractually agreed rate and assess a lump sum for the saved expenses of the hotel. In this case, the tour operator is obligated to pay at least 90 % of the contractually agreed rate for lodging with or without breakfast as well as packages with contracted services, 70 % for room and half-board, and 60 % for room and full-board arrangements. The tour operator is at liberty to show that the above-mentioned claim was or has not amounted to the demanded sum.

Withdrawal by Hotel

7.1
For Single Travellers:

7.1.1
Insofar as it was agreed that the tour operator can withdraw from the contract, in whole or in part, at no cost within a certain period of time, the hotel is entitled for its part to withdraw from the contract to the same extent during this period of time if inquiries from third parties regarding the contractually reserved rooms exist and the tour operator, upon inquiry thereof by the hotel with a reasonable deadline set, does not waive his right of withdrawal.

7.1.2
If an agreed advance payment or an advance payment or a security demanded pursuant to No. 4.1 and /or 4.2 is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to withdraw from the contract.

7.1.3
Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if

- force majeure or other circumstances beyond the hotel’s control render the fulfilment of the contract impossible;

- rooms or spaces are reserved with culpably misleading or false information or concealment regarding material facts; the identity of the tour operator or the guest can constitute an essential fact as well as the solvency or the purpose of the stay;

- the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization;

- the purpose or the cause of the stay is illegal.

7.1.4
The justified withdrawal by the hotel constitutes no claim for damages for the tour operator.

7.2 For Travel Groups:

7.2.1
Insofar as it was agreed in the contract that the tour operator can withdraw from the contract at no cost, in whole or in part, within a certain period of time, the hotel is entitled for its part to withdraw from the contract to the same extent during this period of time if inquiries from third parties regarding the contractually reserved rooms exist and the tour operator, upon inquiry thereof by the hotel with the setting of a reasonable deadline, does not waive his right of withdrawal.

7.2.2
Within the deadline named in No. 6.2.2, the hotel is also entitled to partially withdraw from the contract at no cost and to the same extent as the tour operator, if also in this case the tour operator waives his right of withdrawal.

7.2.3
If an agreed advance payment or an advance payment or a security demanded pursuant to No. 4.1 and/or No. 4.2 is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to withdraw from the contract.

7.2.4
Should the contractual obligation to provide information concerning the number of reservations pursuant to No. 3.1 sentence 2 not be met or not be met in a timely manner, then the hotel is likewise entitled to withdraw from the contract. Furthermore, the hotel shall be entitled to a right of withdrawal in the case that the number of the guests reserved as a travel group is reduced to less than 15 (loss of group status pursuant to No. 1.4).

7.2.5
Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause,  in particular if

- force majeure or other circumstances beyond the hotel’s control render the fulfilment of the contract impossible;

- rooms or spaces are reserved with culpably misleading or false information or concealment  regarding essential facts; the identity or solvency of the customer or the purpose of his stay can constitute essential facts; the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization;

- the purpose or the cause of the stay is illegal.

7.2.6
The justified withdrawal by the hotel constitutes no claim for damages for the tour operator.

LIABILITY OF THE HOTEL

8.1
The hotel is liable for harm inflicted on life, limb and physical health. Further it is liable for other damage caused with full intent or gross negligence or due to intentional or grossly negligent violation of obligations typical for the contract. A breach of obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative or vicarious agent. All other claims for damages are excluded, if not determined differently in this No. 8. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection by the tour operator made without undue delay. The tour operator or the guest shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum.

8.2
The hotel is liable to the guest for property brought into the hotel in accordance with the statutory provisions. It recommends the use of the hotel or room safe.  If the guest wishes to bring with him money, securities, stocks, bonds or valuables with a value of more than 800 EUR or other things with a value of more than 3500 EUR, a separate safekeeping agreement is necessary.

8.3 
Insofar as a parking space is provided to the tour operator in the hotel garage or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. The hotel only assumes liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property and the contents thereof only pursuant to the preceding No. 8.1, sentences 1 to 4.

8.4
Wake-up calls are carried out by the hotel with greatest possible diligence.      
Messages, mail, and merchandise deliveries for guests shall be handled with care. The hotel will deliver, hold, and for a fee, forward such items (on request). The hotel only assumes liability according to the preceding No. 8.1, sentences 1 to 4.

FINAL PROVISIONS

9.1
Amendments and supplements to the contract, the acceptance of offers or these general terms and conditions should be made in written form. Unilateral amendments or supplements by the tour operator are invalid.

9.2
For commercial transactions the place of performance and payment as well as, in the event of litigation, including disputes for checks and bills of exchange, the exclusive court of jurisdiction is at Wiesbaden. Insofar as a contracting party fulfills the requirements of section 38, para. 2 of the German Code of Civil Procedure (ZPO) and does not have a place of general jurisdiction within the country, the courts at Wiesbaden shall have jurisdiction.

9.3 
The contract is governed by and shall be construed in accordance with German Law. The application of the UN Convention on the International Sale of Goods and the Conflict Law are precluded.

9.4
Should individual provisions of these general terms and conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.

Scope of Applicability

1.1
These terms and conditions shall apply to contracts for the rental of the hotel’s conference, banquet, and convention rooms for events such as banquets, seminars, conferences, exhibi­tions and presentations, etc., as well as all other additional services and goods performed/provided in connection therewith by the hotel for the customer.

1.2
The hotel’s prior consent in written form is required if the rooms, areas, or display cases are to be rented or sublet to a third party, or if invitations are issued for introductory interviews, sales promotions, or similar events, whereby section 540, para. 1, sentence 2 German Civil Code (BGB) is waived insofar as the customer is not a consumer.

1.3 
The customer’s general terms and conditions shall apply only if this is previously expressly agreed.

Conclusion of Contract, Parties, Liability, Statute of Limitations

2.1
The hotel and the customer are the contracting parties. The contract shall come into force upon the hotel’s acceptance of the customer’s offer. At its discretion, the hotel may confirm the room reservation in written form.

2.2
The hotel is liable for harm inflicted on life, limb and physical health. Further it is liable for other damage caused with full intent or gross negligence or due to intentional or grossly negligent violation of obligations typical for the contract. A breach of obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative or vicarious agent. All other claims for damages are excluded, if not determined differently in this No. 9. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection by the customer made without undue delay. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum. In addition, the customer shall be obliged to notify the hotel in due time if there is a possibility that extraordinarily extensive damage may be incurred.

2.3
Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period. Damage claims shall be time-barred after five years, dependent on knowledge thereof, insofar as they are not based on claims arising out of harm inflicted on life, limb, physical health or liberty. These damage claims shall be time-barred after ten years independent of knowledge thereof. The reduction of the statute of limitation periods shall not apply to claims which are based on an intentional or grossly negligent breach of obligation by the hotel.

Services, Prices, Payment, Set-Off

3.1
The hotel is obligated to render the services ordered by the customer and agreed upon by the hotel.

3.2 
The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services accepted. This also applies to services ordered by the customer directly or via the hotel, which a third party provides and the hotel disburses. In particular, this applies to claims of copyright collecting agencies.

3.3
The agreed prices include all taxes in effect at the time of the conclusion of the contract.     
If the statutory value added tax is changed or if local taxes concerning the services are newly introduced, changed or abolished after these have been contractually agreed upon, the prices will be adjusted.This only applies to contracts concluded with consumers, if four months have passed between the conclusion and fulfilment of the contract.

3.4
Hotel invoices not stating a due date are payable without deduction and due within ten days of receipt of the invoice. The hotel can demand immediate payment of due debt from the customer. With default of payment, the hotel shall be entitled to demand the respectively applicable statutory default interest in the amount of currently 8 % or, with legal transactions with a consumer, in the amount of 5 % above the base interest rate. The hotel reserves the right to prove greater damage.

3.5
The hotel is entitled to require a reasonable advance payment or a security, such as a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and payment dates may be agreed in written form in the contract.

3.6
In justified cases, e.g. the customer’s default in payment or expansion of the scope of the contract, the hotel shall be entitled, also after the conclusion of the contract up to the commencement of the event, to demand an advance payment or a security within the meaning of the above-mentioned No. 3.5 or an increase of the advance payment or a security agreed in the contract up to the total agreed remuneration.

3.7
The customer may only set-off, reduce or clear a claim of the hotel with a claim which is undisputed or decided with final, res judicata effect.

Withdrawal of the Customer (Cancellation, Annulment)

4.1
The customer can only withdraw from the contract concluded with the hotel, if a right of withdrawal was explicitly agreed upon in the contract, another statutory right of withdrawal exists or if the hotel gives its explicit consent to the withdrawal. The contractual agreement of a right of withdrawal as well as the consent to withdrawal from the contract shall be in written from.

4.2
Insofar as the hotel and customer have agreed upon a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal shall expire, if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.

4.3
The hotel is entitled to the contractually agreed rate even if the rooms are not used, if a contractual right of withdrawal was not agreed or has expired, a statutory right of withdrawal or cancellation is not given and the hotel does not give its consent to the cancellation of the contract. The hotel must credit the income from renting the rooms to other parties as well as for saved expenses. Saved expenses can be assessed in a lump sum according to No. 4.4, 4.5 and 4.6. The customer is at liberty to show, that the claim has not arisen at all or that it is much lower than the demanded claim. The hotel is at liberty to show that a higher claim has arisen.

4.4
If the customer withdraws from the contract between the eighth and fourth week prior to the date of the event, the hotel shall be entitled to charge – in addition to the agreed rent – 35 % of lost food sales (70 % of food sales for any later cancellation).

4.5
Food sales are calculated using the following formula: agreed menu price x the number of participants. If no price had yet been agreed for the menu, then the least expensive three­-course menu in the current set of event offerings shall apply.

4.6 
If a seminar flat rate per participant has been agreed, then the hotel shall be entitled to charge, with a cancellation between the eighth and fourth week prior to the date of the event, 60 % of the seminar flat rate x the agreed number of participants (85 % for any later cancellation).

Withdrawal of the Hotel

5.1
Insofar as it was agreed that the customer can withdraw from the contract at no cost within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period of time, if inquiries from other customers regarding the contractually reserved event rooms exist and the customer, upon inquiry thereof by the hotel, does not waive his right of withdrawal.

5.2
If an agreed advance payment or an advance payment or a security demanded pursuant to No. 3.5 and/or No. 3.6 is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to withdraw from the contract.

5.3
Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if

- force majeure or other circumstances beyond the hotel’s control render the fulfilment of the contract impossible;

- rooms or spaces are reserved with culpably misleading or false information or concealment regarding essential  facts; the identity or solvency of the customer or the purpose of his stay can constitute essential facts;

- the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization;

- the purpose or the cause of the stay is illegal;

- there is a breach of the above-mentioned No. 1.2.

5.4
The justified withdrawal by the hotel constitutes no claims for damages for the tour operator.

Changes in Number of Participants and Time of Event

6.1
An increase of the number of participants by more than 5 % must be communicated to the hotel no later than five working days before the beginning of the event; the hotel must give its consent, preferably in written form. The invoice will be calculated on the basis of the actual number of participants and will be based on at least 95 % of the agreed higher number of participants. If the actual number of participants is lower, the customer has the right to reduce the agreed price by the expenses saved - to be proven by him - due to the lower number of participants.

6.2
A reduction in the number of participants of more than 5 % must be communicated to the hotel no later than five working days before the beginning of the event. The invoice is based on the actual number of participants, at least 95% of the finally agreed number of participants though. No. 6.1 sentence 3 applies accordingly.

6.3 
If the number of participants changes by more than 10 %, the hotel shall be entitled to re-determine the agreed prices and to exchange the confirmed room reservations unless this is unreasonable for the customer.

6.4
If the event’s agreed starting or ending times change and the hotel agrees to such deviations, the hotel may reasonably charge for the added cost of stand-by service, unless the hotel is at fault.

Bringing of Food and Beverages

The customer may not bring food or beverages to events. Exceptions must be agreed with the hotel. In such cases, a charge will be made to cover overhead expenses.

Technical Facilities and Connections

8.1 
To the extent the hotel obtains technical and other facilities or equipment from third parties for the customer at the customer’s request, it does so in the name of, with power of attorney and for the account of the customer.                
The customer is liable for the careful handling and proper return of the equipment. The customer shall indemnify the hotel against all third-party claims arising from the provision of the facilities or equipment.

8.2
Consent is required for the use of the customer’s electrical systems on the hotel's electrical circuit. The customer shall be liable for malfunctions of or damage to the hotel’s technical facilities caused by using such equipment, to the extent that the hotel is not at fault. The hotel may charge a flat fee for electricity costs incurred through such usage.

8.3
The customer is entitled to use his own telephone, fax, and data transfer equipment with the hotel’s consent. The hotel may charge a connection fee.

8.4
If suitable hotel equipment remains unused because the customer’s own equipment is connected, a charge may be made for lost revenue.

8.5
Malfunctions of technical or other equipment provided by the hotel will be remedied promptly whenever possible. To the extent the hotel was not responsible for such malfunctions, payment may not be withheld or reduced.

Loss of or Damage to Property Brought In

9.1
Customer shall bear the risk of damage or loss of objects on exhibit or other items including personal property brought into the event rooms/hotel. The hotel assumes no liability for loss, destruction, or damage to or of such objects, also not for property damages, with the exception of cases of gross negligence or intent on the part of the hotel. Excepted herefrom are cases of damage caused as a result of harm inflicted on life, limb and physical health. In addition, in all cases in which the safekeeping represents a contractually typical obligation due to the circum­stances of the individual case, release from this liability shall be prohibited.

9.2 
Decorations brought in must conform to the fire protection technical requirements. The hotel is entitled to require official evidence thereof. Should such proof not be given, then the hotel shall be entitled to remove materials already brought in at the cost of the customer. Due to the possibility of damage, the hotel must be asked before objects are assembled or installed.

9.3
Objects on exhibit and other items must be removed immediately following the end of the event. If the customer fails to do so, the hotel may remove and store such at the customer’s expense. If the objects remain in the room used for the event, the hotel may charge a reasonable compensation for use for the period that they remain there.

10 Customer’s Liability for Damage

10.1
Insofar as the customer is an entrepreneur, he shall be liable for all damage to buildings or furnishings caused by participants in or visitors to the event, employees, other third parties associated with the customer and the customer itself.

10.2
The hotel may require the customer to provide reasonable security, such as a credit card guarantee.

11 Final Provisions

11.1
Amendments and supplements to the contract, the acceptance of offers, or these general terms and conditions should be made in written form. Unilateral amendments or supplements by the customer are invalid.

11.2 
For commercial transactions the place of performance and payment as well as, in the event of litigation, including disputes for checks and bills of exchange, the exclusive court of jurisdiction is at Wiesbaden. Insofar as a contracting party fulfills the requirement of section 38. Para. 2 of the German Code of Civil Procedure (ZPO), and does not have a place of general jurisdiction within the country, the courts at Wiesbaden shall have jurisdiction.

11.3
The contract is governed by and shall be construed in accordance with German law. The application of the UN Convention on the International Sale of Goods and the Conflict Law are precluded.

11.4
Should individual provisions of these general terms and conditions for Events be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.

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